Family Claims Mom Starved to Death in New York Nursing Home

Starvation Case involving Maxine Schwartz vs. Absolut Care in Buffalo

Maxine Schwartz passed away on March 27, 2020 at the Absolut Center for Nursing and Rehab at Aurora Park. The family believes Maxine was neglected and starved to death in the Buffalo area facility.

Allegations of Buffalo Nursing Home Neglect

Mrs. Schwartz’s daughter, Dorothy Carlone, alleges that after Absolut Center for Nursing and Rehab went into COVID19 lockdown, the care diminished at the facility. Additionally, the quality of care dropped after the facility changed ownership and went bankrupt.

About two weeks after the banning of visitors to the facility, Ms. Schwartz died. One of the causes of death on her death certificate is ‘failure to thrive’.

Dorothy Carlone believes the facility let her mother starve to death.

The Family’s Complaints about Absolut Center for Nursing and Rehabilitation to the New York Health Department

Dorothy Carlone did the right thing in reporting the suspected nursing home negligence. In her complaint to the state health department, Dorothy wrote:

“I told them if I couldn’t be there to care for her, she would starve and eventually die — which is what happened . . . She wouldn’t eat for anyone but me . . . The day she died, the two CNAs who had cared for her for over a year both told me that they tried to get her to eat for the two weeks. I wasn’t there but that all they could get her to do was drink a little.” 

Absolut Nursing Home’s Response

A spokesman for Absolut named Jason Newman has claimed HIPAA laws prevent the facility from discussing individual patient incidents.

Of note, in 2019, at a protest against Absolut Rehab, Dorothy Carlone was one of those present defending the facility.

Civil Case against Absolut Care Nursing Home for Neglect and Abuse

At the time of this post, it is unclear whether the Schwartz family has commenced a civil action against Absolut Care in East Aurora for nursing home negligence. As New York nursing home abuse attorneys, it is an uncertain time for coronavirus lawsuits. Governor Cuomo has signed an executive order providing broad immunity from civil liability for nursing homes grappling with the COVID-19 crisis. This likely includes other injury cases that occurred in the facility during the coronavirus crisis. 

Undoubtedly, attorneys will challenge this Order in the courts with the ultimate hope that victims like Ms. Schwartz can get justice for neglect related injuries.

If you or a loved one has suffered a neglect related injury at a nursing home or long term care facility, contact our skilled and compassionate elder abuse attorneys today for a free consultation. We are here to help. Call us now at 1-888-375-9998.

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